The Sun. — London, England, 1818-10-31 00:00:00

THE COLONIES. [From the Royal G>tzette Ifahrtma .I,lccrtisr, Aug. I.] [Concluded from our raper of yesterday.] What was said by Lord Erskitte in the House Of Lords, as quoted by A. Z. is totally it relevant to the matter in difference bet weeit the Bahama As sembly and the Judges. Mr. Wylly did not bring au action against the Speaker to try the legality of his warrant before a Jury of the Country, as • Francis Burdett did ; no, it suited his purpose hater to ripply at once to the Justices of the Ge netal Court, and s obtain an unprecedented thi s eleaige through them, which it must be confessed Nvas effected with wonderful facility. Now I a , k, can it he shown that any Jude es of EOglasd ever discharged, ott a writ of Habeas •Corpus, any person cotnmitted• by the House or Commons for a breach of privilege Can it be sliewn that any of the Judges in the Colonies, ex cept those of'the Bahamas, ever took upon them selves the power of discharging prisoners com mitted. by, the Colonial Assemblies I—The first question is fully answered in the. negative by the authorities already cited. The following extracts from Mr. Bryan Edwards' HiStory of the West 'lndies, Vol. 2, pages 419 and 420, will, I trust, be a satisfactory negative to the latter.— " Provincial Parliaments, or Colonial Assemblies, (says Mr. Edwards), it matters not by what name they are called, bring thus established and recog nised, we find that in their formation, mode of 'proceeding, and extent of jurisdiction within their own circle, they have constantly copied, and are required to copy as nearly as circumstances s ill permit, the example of the Parliament of Great Britain." After mentioning the manner ,in Which h Colonial Assembly is convened, he thus gages on,—" The Assembly then proceed•as , Grand Provincial Inquest to heat grievances and to correct such public abuses as are not cogniza ble before interior Tribunals. They commit for contempts, and the Courts of Law have refused after solemn argument to discharge persons com •mitttd by the Speaker's warrants. - It appears from what is above stated, and 1 firmly believe it 'to be true, that the Colonial Assemblies,. as repre senting the whole body of the people within their _own tespective Governments, ever did hold the same rank in the system of their constitutions, as the House of Commons does in that of the Mo ther Country, and more particularly so as regards' ,the power of punishing for contempts. The -members of the Houses of Assembly in the Colo- . •nies are elected under and by virtue of the King's writs ; they are convened by Royal Psociamat ion, •in the same way as the Members of the House of • Commons are commanded to meet together ; the •General Assemblies, when met, are prorogued and dissolved in the saute way as Parliaments. Like ,the Pat hament they meet under the King's au thority, they sit in the King's presence by the Go vernor or the Commander-in•Liii , 2f, and perform their several functions in the King's ;tame and on the King's behalf ; thus are the Assemblies the Ring's Sovereign Courts in tie Colonial system -by a just analogy and established usage, and thus .so similar arc the constitutions of the Parliament and Assemblies, that I feel perfectly satisfied the ..Assemblies must and do possess, upon principles of ;nautili reason, the same inherent powers as the House of Commons, to protect themselves frmn -insult and indignity wherever offered, by punish ing those who offer it. But independent of this Inherent right, I shall now skew, 1 trust satisfac torily, that there is a Legislative recognition of the power of the General Assembly of the Bahamas to punish by imprisonment, and for this put pose I must again li'ave recourse to what was said by Lord Ellenborough in the case of Sir Francis Burdett, regarding the effect of 'the Statute Ist James 1. c. 13. Atter reciting the body of the Act, his Lordship says, " And then follows this pro viso, which is very material to the present pur pose, ` Provided always, that this Act, or any thing therein contained, shall not extend •to the diminishing of any punishment to be hereafter by censure in Parliament inflicted upon any person which shall hereatter make, or procure to be made, any such arrest as aforesaid.' Now by in flicting censure, the power of doing which was thus saved to the Houses of Parliament, as they had before been accustomed to exercise it, must be meant, not a mete csitoimstion or reproof in words only ; but the substantial infliction of po sitive punishment by Parliametit upon the offen der. This Act, indeed, applies in terms only to the particular case of arrests ; but no one can rea son so weakly as to suppose, or argue so nar rowly as to say, that the power of the Houses of Parliament to inflict punishment existed and had been exercised only in that particular case. I have mentioned this instance, not from the necessity of the thing in so plain a case, but because-it has been thtown out very confidently, that the Pri vilege o( the House of Commons stood upon no Parliamentat y recognition or authority whatso ever ; here, however, is a direct Parliamentary recognition of their right to inflict punishment by censure in Parliament in the one case that is spe cifically mentioned, and it virtually ratifies what had been antecedently done by the House in the way of punishment, of which the usual mode ap pears to have been by imprisonment." This Act of Parliament was extended to and declared in hill force for this Colony, by an Act of the Ge neral Assenrbly passed in the 43d year of his Ma jesty's reign, and which received the Royal Assent ; coussaptently it follows, that if it recognizes a power in the Howse of Commons to punish by imprisonment, according to the reasoning of toy Lord Ellenboroogh, it must equally recognize the potter of the Bahama Assemblies to punish in the same way at least from the time of its being declared in force in these Islands. A LATE MEMBER OF ASSEMBLY. Between five and six o'clock in the evening on Tuesday, as the navigators employed in making the new Canal in Counsellor AGAR'S grounds, close to St. Paocras Church hurying-ground, were leaving their work, one of the men discovered a sack concealed under a parcel of straw, in cothie queuce. of part of the straw having blown from off it.- Upon his examining the bag, be found it to contain the dead Irculy of a man.` ir was imme diately conveyed to the parish workhouse. OLD BAILEY, OCT. 30. [FARTHER PROCEEDINGS OF YESTERDAY. 3 Soon after nine o'clock, the following pri soners tvere arraigned on the charge of having forged notes in their rossession. To this tht•y severally pleaded guilty, which subjects them to transportation for 14 years : James Turner, James Close. John Carpenter, John Eagan, Mary Hartsell, Geo. Baker, John Lennard, Susannah Lennart', David Crawley, Su t,annah Farmilo, and Thomas Kirby. CHAGE OF MURDER. John Daley', as we yesterday stated, was Tint to the bar, charged with the wilful murder of James Learwood, in the Fleet Prison, on . khe 10th September. The prisoner walked up the dock with . a firm step, and an unchanged countenance: He is a short stout man with harsh features, and marked with the small-pox. He was dressed in a mut- , berry coloured coat and white trowsers. The witnesses were all sent out of Court upon the sug gestion or the prisoner. Charles Johnson was a prisoner is the Fleet, and was so on 10th October. Ihe prisoner' at the bar WAS also a prisoner. Learwood was - also a tailor in the Fleet Prison, about 50 sears of age. About 5 o'clock on that evening, tie was walking opposite Learwood's room, and he saw through the window the deceased tall from the shop-board. The deceased cried out murder. He saw Daley beating Learwood with a sleeve-board. The de ceased was lying on his side on the ground at the time, and cried out, as if for help. During this time the window was shut, and witness opening it said, " Don't kill the nian." He called some people up, and saw some blood or black on the left eye of Learwood. The deceased was lying on his back at this time, and the prisoner turned him on his belly, and slapped him on the breech 6 or 7 times with the sleeve-board, saying, " D—n your old eyes; I'll teach you, hit you on the rump." 'The prisoner was in a terrible passion, and jumped out of the window, saying, " 1)-11 his old eyes, I have not half done with him yet." Witness called a man of the name of Graves, a powerful man, to go in to Learwood's assistance, and lie went in. Daley returned in a tew mi nutes, and again jumped through the window into Learwood's room. Cross-examined.—Saw no blow at the head. William Graves was a prisoner in the Fleet on the lOth of October, and recollected being called up by the last witness. The first thing he heard was Daley complaining that the deceased had given a letter belonging to him away. The deceased said that Daley had pulled him off his shop-board, and would not forget that in a hurry.—Witness remonstrated with Daley, who had jumped through the window again, and said, " I have not done with you yet ; and I will serve you out again, when I prove that you gave the letter to Lewis." Learwood said he knew nothing about it ; and a person standing by said to Daley, " I think you have pretty well served him out as it is, for you have almost broken his leg." Thomas Hunt, a prisoner in the Fleet, stated, that on the day merrtioned, he heard a noise in the deceased's room ; witness went to see what was the matter, and perceived deceased lying on his side. He raised him up, and asked him how he came to be i❑ that state. Prisoner was at that _jute standing outside the room door, and in hearing of what passed. Deceased said, " Da ley has been beating me," to which witness said, " for what 1" and the prisoner answered from without, and said, " for picking up a letter of mine and giving it to Lewis." Witness asked tie ceased whether this was true, to which he re plied, 00—it was not the fact ; and Daley, the prisoner, rejoined, " flow can you say so, when yoo told me so yourself on the shop-board."— ?risoner said, " 1 did not deserve this from you, as 1 often served you very nsuch." At this time witness perceived black getting round his left eye, and deceased complained of a pain in it, and said, " 1 shall have a black eye ;" to which he said, " You have got one already." Sarah Beresford was the wife of a prisoner in the Fleet. Remembered the lllt hof October: saw prisoner on that day go hitt . ) the room of deceased, and after he went in, heard some loud talking.— Prisoner made but a short stay, and cause out again. He went into the room a second time, and appeared in a greater passion than at first.— lie remained this time about five minutes, and at his cowing oat he came into the place where wit ness was washing. He took a drink of water, and returned the third tune into the deceased's room, after which she again heard a noise, as it of a person swearing a great deal, and in a violent passion. Jesse James Beresford, the husband of the last witness, corroborated the evidence of the preced ing witnesses as to the situation of the deceased, and the conduct of the prisoner. In his cross examination, he said that prisoner on the follow ing morning was very attentive in procuring assist ance for the deceased. Wm. Macey, a prisoner also in the Fleet, stated the-same thing of the situation of the deceased as the other witnesses; but added, that after the beating of the deceased, prisoner cried out in the' hearing of several persons, " I wish 1 bad killed the old fellow outright." Cross-examined.—Several persons must have heard bins if lie had said so. Lewis Williams was a prisoner in the Fleet on the 10th of October; heard the noise in Lear wood's room, but could not say at the time whe ther it was larking (in jest) or in earnest. Saw prisoner coining out of the room, apparently in good humour, who said, " I have been cobbing Learwood." John Mead, a prisoner in the Fleet, was in con versation with the prisoner on the evening of the 10th October, after .the dispute. Witness said, " The poor man (meaning Learwood) is dying." To which prisoner replied, " It is time the old rascal, or scoundrel, was dead." Here the con versation ended, and the witness went away. Examined by the Court.—Witness was not ex amined before the Coroner or the Grand Jury ; did not of his own accord state to the Coroner the important fact which he now communicated. John Hargrave,. a surgeon, was called in to see the deceased a few ininutcs after nine on the even ing in question. Knew nothing of the circum stance till lie saw him in bed, totaily insensible, with the left eye discoloured, and his tongue hang ing partly out of his mutt h. Ordered him out of bed, anttvery minutely examined his head. Bled him freely, which relieved him much, and ordered him to leave a tvarm bath to his feet. The prisoner visited the deceased on Sunday, and seemed much agitated at seeing the deceased so fast expiring. Witness recommended the deceased to send for' Mr. Astley Cooper, or Mr. Abernethy. The re lotions of the deceased wished prisoner not to enter• the room again. He died on the Monday morning. His death was occasioned by external violence, which affected the brain. Deceased said he had not been struck on the heal. Unques tionably, however, he must have been struck on the head. The floor was carpeted very thickly. Mr Baron GAaaow said, nut a word of this in formation was given before the Coroner. Mr. Delagarde, house•surgeon in St. Bartholo mew's Hospital, was called to see the deceased, who was gt►ite insensible, and in a state of great danger ; though he was labouring under symp toms of depression. After death the head was opened, and the death was obviously occasioned by external violence on the left • eye. Witness could not describe what kind of violence might have produced it, but a fail or a blow would cer tainly do it. This closet)►the evidence for ti►e prosecution. The prisoner, when desired to speak in his de fence, said, that the room was carpeted only in the middle, for a space of tour feet near the shop hoard. The facts of the case were these was walking in the racket-ground, and Downie came to him and told him that the letters which he had lost were found by Learwood, who gave them to Lewis to lead, after he read them himself. Enraged at receiving such treatment from a man whom he had always endeavoured to serve, he went to his shop, where be accused him of having ecru! so basely. Learwood denied it, and got up; when he'endeovoured to come off the board he slip ped and tell upon the floor, which was a stone floor; he gut up and sat it► a chair.; when he again challenged him with having given the letters to Lewis, Learwood said, you lie. He then placed Learwood upon his belly, and took the sleeve board, with which he gave him some smart blows upon the breech. Mr. Harmer, the solicitor, was called to dis prove that part of the evidence of Mr. Hargrave, relative to the statement made by him when be fore the Coroner. Mr. ALLEY, Mr. ANDREWS, and Mr. HANMER, conducted the defence. Ten or twelve respectable witnesses were then called, who had known the prisoner for various pet iods from one to twelve years. They all cony cured in giving him an excellent character, for a humane and kind-hearted disposition. Mr. Baron GARROW summed up the evidence with great perspicuity, and some lengthened com ments on the several points as they appeared for or against the prisoner ; and the Jury, after deli berating in the box about ten minutes, returned a verdict—Not Guilty of Murder, but Guilty of Manslaughter. ADMINISTERING SPIRITUOUS LIQUORS TO A CHILD. Eleanor Bryan, aged 30, WRS put to the Bar, on an indictment charging her with feloniously admi nistering a quantity of spirits to Johanna Duggan, only five years of age, in the parish of St. Giles, on the 28th of September last, whereby the death of the said child was caused. John Duggan, brother to the deceased, depos- - ed, that the prisoner came to his mother's house between twelve and one o'clock in the morning of the day mentioned in the indictment, and on say ing she was locked out, obtained leave to sleep there till the morning. The deceased, who was then in perfect health, rose about 5 o'clock, and some time after the prisoner sent out for a quar ter') of gin, which the prisoner and the mother of the child drank. The prisoner subsequently went out, taking the chdd with her, and the parents did not see her again till eight o'clock, when the child was brought home labouriag under the effects of liquor. The child was put to bed, and in a few hours grew so bad that medical aid was called in. The child died about 20 minutes past eight in the evening. The prisoner told the witness that the child had drank '' two glasses of gin, a glass of rum, twopenny worth of peppermint, ,and a share of two pots of beer." The prisoner had always appeared very kind to the child. Mr. Wood, the publican, said, the prisoner came to his house and called for a glass of gin, which site gave to the child, who drank it off. Mr. Nathaniel Morgan, surgeon, examined the body. He was of opinion that the quantity of liquor which the child had drank was sufficient to cause the consequences that had taken place. The prisoner, in her defence, said, that the pa rents bad been in the habit of letting the child taste every glass of liquor they took. She had given her a glass of gin, which she did not think would do her any harm. Mr. Justice DALLAS summed up the evidence, and the Jury found the prisoner Guilty of Man slaughter. Mr. Justice DALLAS desired the publican who bad served the prisoner with the glass of gin to stand up, and having done so, the Learned Judge, addressing him, said he had conducted himself in a most improper manner, in suffering a woman to give a child, at so tender an age as the deceased, a glass of gin. If his general conduct kept pace with that which now appeared before the Court, it was much to be dreaded that the scenes which took place in his house were the most revolting to human nature. In consequence of his be-. haviour, he should not allow him any costs for his attendance ; the other witnesses would, of course, be remunerated for their loss of time, which his Lordship accordingly directed. On Wednesday night a waggon was passing , along Red Lion-street, Holborn, belonging to Mr. Markham,.of COblington; the driver stopped for a few niinutes"to take sume beer, and some daring villain cut the tackle of . a valuable mate which At:astieA behind the - waggon, and rode oft - The poor rustic driver, in great distress, gave information of the robbery to the Police., MIDDLESEX SESSIONS, 00T. 30. ATROCIOUS ASSAULT. This was an indictment brought by 1 0 ' ro• count Ranelagh against Thomas CouderP ing bins with- assaulting his Lordship's "-!ierl Anthony M‘Gitt, by kicking him in the belVetir other arts of the body, on the 27 6 S e nip's her last, when trespassing upon his LA rl i s ,;4, grounds, and in the aet of stealing There was a second count, charging the ' le. 11.. ant with a similar offence - on the ot tember. 4. • .be 11r. Barnwell stated the case to the .00%0 said he should prove in evidence, that 011 lb% the of September the prisoner and others enteleu d e s I roy ue premises of Lord Ranelagh and there the fences, broke the boughs off several waltlbit trees, which they climbed up and robbe d ;,,,tiff when the servants of his Lordship ordered the"'eo the premises they refused, and carried off a g r ot h quantity of fruit. On the 270 of the same 1110 , 0 . the prisoner, with a gang of fi fteen fellow, came upon his Lordship's premises. His i o r f . ship's servants, Mr. M.Gitt and Mr. W oo d , di - 4 tiered them to leave the gronnds ; they all, except the prisoner ; he took off his ° a t :nti challenged - "qr. M`Gitt to fight, and stroeDit violently, and kicked him with the greetest'biries taliry. Mr. Wood, his Lordship's gardener, t o seized the prisoner, when he called to his O r e " % : di What ! will you let them take me p rig" and his fellows came and release d - bef threatened to murder Mr. MiGitt'wh enever t met with him. Mr. M'Gitt described the injury be reee;,o,. fromthe prisoner, which was most violent, 004 sive, and dangerous, and one - kick tie ree el iii . was on a pats which caused the most OW° ing pain. h e 0 0 The prisoner, in his defence, said that grim assaulted first by Mr. M`Gitt, who polka down a tree, and endeavoured to take bin' t° Lordship's house. o4' The Jury, without hesitation, fou nd the soner Guilty. th sC he Chairman (Francis Const, Esq./ ,said the prisoner had been guilty of most dannionrogs rages, and he hoped his punishment woulu a warning to his companions. he hoai: The sentence of the Court wa s, that sbrt be imprisoned in the House of Correc tiotil°r., months. se•J COURSE OF EXCHANGE, —......c0m.—. Of li 9 ' 4 Amstei dam Ditto, at Sight ll 10 bla P " Rotterdam F RID AY, Oa' 1 4 Q 1 g 36 1 C UIP Antwerp 3 Hamburgh 34 6 ' O OP , Altona . . . 045 4 11" . . . Paris, 3 Day's sight 24 6 0 0 1 ;i Ditto Bourdeaux, ditto Frank foam' the Main Madrid " • 0 f . 14 4 2 ,t f° ,s • .- - r e . t. i o tt 40 "'- Cadiz • Bilboa A . 59i Seville Gibraltar Barcelona , Leghorn - Genoa... 4 q —Venice, Ital. Liv 431 er gs. Malta... —SO —Naples lO6 P Palermo . h$ Lisbon 0;,,1rt0 Itfe Jarieiru . Cott —9l per Cen t ' Agin of the Bank on Holland. 3 per Cent- BULLION. 00 0 ° r , ~1, 430 6 4 5 •••• Portugal Gold, in Coin Now Dollars Silver, in Bars COAL MARKET, OCTOBER S t) ' Fric t 4° c, 0 Skips at Market. Ships sold. 6d• t° 44 Newcastiu . . 41........... 445* r ..... — ---..---.7 $ 4l. --- De ll° BIRTH. f oal Ye , terdar, in Russell-square, the Lady of ' h° _......../ . Esq. N 1.1). of a sou. A , 'x a MARRIED. We§ On Thursday last, at Rye, in Sussex, /4,1 r. 9, tr a SC the Kent-road, to the wily daughter off Butler, Esq. of the former place. . - --------- DIED. • -- is les _,, On Thursday, the 29th inst , Mr. John r nob 4Pr Nicholas-lane, Lombard-street. At pinto-house, in the county of Roxburght I\l"p° a P.. inst., the Right Hon. Win. Elliot, of 'l.O Wells, • PROVINCIAL BIRTHS, MARRIAGES, AND cA D ,--- 0 0'9 BIRTHS.. ~..I,adi Yesterday se'nnight, at East Dow n, Deron, Gre4l4 Rev. C. P. Collin, of twin "- d a ughters. J. Ge°• Thursday, at Siou-place, Bath , t he Lad}. of a son. —........4a....- ---- 0 41 MARRIED. nIX °111 t1( Dij Lately, the. Right Hon. W. O'Dell, Lieutenebords ot the County Linierich Militia, and one of.themie of f,eF,: Majestr's • Treasury, tu Miss Anne Maria En 3° will ' iii e % ob' On the 17th inst. at Aston, DerhYshi,re, or f‘ingther Clowes, Esq. late Lieut.-Colonel of the ~bter of 4 D s7 r :., .. i i cf g iti o ,d t E , On the 224 inst. at St. George's cbu rco. dae bter - mo Vary, yol.ll)g eSt • t t l ' iCt . to Swift, Esq. late Collector of Excise, Trim f r i , ls sitt art , C 1 : 16 , ,..1 r t il o , fe s A Ds it ui t lb o ul n t: i ni a! ,t i : e r i Nt i i li • i i a e Hr t t o a I,ilseenc,o ics,rfl ~,,,i as i tiii_ul bill is: : . 06f oaj 00.4 ,, On Thursday se•iiiiight, Lieut.-General 1,. .i r : o f Copson Harris, niece to John Drummond, k , 'l . gAL COMA, l' Mr Late ' ly, Gl Mr. William Wasin.g o re, of C lfa;, °olllssti°: cester, Warwickshire, to Miss Esther U' upon-Avon. —..........0.0"'—. A 11l g e- e NiTadl;iitntrisedia.ye,Baottwhheerr,limoi:isness)yitler:C.:llaaPerels"ie:ewn't i i n_ a t tl : :3't ci_tbl' ,b, weollnkntloiewn4al:ta, 00e street, thenDblin.it ti is On lsth inst. aged 77, Edward • - ~ des it ti Aldermen of the Borough of Preston. cox , Ife' ere , 1 4 0' il n 'e s i t ic . h e r Mr.o f ll t l i i e i 1 iraurc rive lv:o,l,iciitendi!rli'sSt:esgo f •t ; o li f l it 7 ; On the 16th inst. at Ecclesfield, Nirs' +. ber PI a fe' occasioned by a slight scratch on one . 19 c i i c ause b Teat'• rusty nail, the preceding Sunday, W b ' _ 0 , _, e 0 ~ cation. At Edinburgh Castle, on the 2ist ins the g ot 40 0 his age, Mr. J. Cramer, band•nlasler u f f oe O r 0 5i g , r ; On Monday last, Wrn. Davis, Esq. ° o p ot ice : ne ar ~ J filch, Worcestershire. : st'l " t sf On Tuesday, at his seat at auedgliers' Me - Jo el to Win. Hayward Winston, Esq• one °f •' fe 9l rt I to the tali° ter of the Peace for the County. 1b i° Ps t r e / On the 7th of May last, at ati••n a b e o t in terr o rce, c ),l Lieut. R. A. Billamure, Adjutant of A t rersia°•dielri.De P, Regiment Bombay Native Troops, an' „ ,i;obs' iit,„oittl, the Commanding Officerof the P 3 i ' lle e dn' 1:. His death was occasioned by a strobe of q. 1,1 0 " e t est with a l ..• V . AI the forces under Brigadicr-Gen q9l 11"„ f ll''' . lif 0' ------- TAlitS, °•4104 O s ofi , LONDO: rinted B. CARS 4 p ubh - , at Of Orruon N d-st P rect, Queen-square; ?°,,..atreet,eol SCRIPPS, of No. 7, South. M`nZdvert.isci, Ottice, No. 112, Strand ; whe r t : a ddreol t - ixiters, Sex, (post-paid) mot ile ---- 11 4(); Opio, ru Es 14 .1, It kit • ••iibt tr,,d Al l( Pre stt bt let L k. -1 tit *t o 40 ith l'ete 0,,